Commonly Asked Questions About Florida’s “No-Fault” Car Accident Laws
When you are injured in a car accident for the first time, you will likely have a number of questions about your rights to seek compensation under your insurance policy and Florida law. Of course, it is always best to speak directly with a qualified Pasco County car accident attorney who can review the facts surrounding your accident and offer specific legal advice. But if you want to get a general sense of how the law works in this area, below are some answers to some of the more common questions our office receives regarding Florida’s “no-fault” car accident laws.
What Does It Mean That Florida Is a “No-Fault” State?
Personal injury claims and automobile insurance are both regulated on a state-by-state basis. In some states, known as “at-fault” states, a negligent driver and their insurance company can always be held directly responsible for personal injuries sustained by accident victims. In contrast, Florida is a “no-fault” state, which means injured victims must normally first look to their own insurance company for coverage of their medical bills and lost income.
How Does No-Fault Coverage Actually Work?
When you purchase auto insurance for yourself and your household, it must include Personal Injury Protection (PIP) coverage. This is the “no-fault” part of your policy. Unfortunately, PIP coverage will not actually pay for all of your accident-related losses. Florida law only requires a PIP insurer to cover 80 percent of reasonable medical expenses related to car accident injuries and 60 percent of the victim’s lost income due to the accident.
Are There Limits to PIP Coverage?
Yes. Most Florida no-fault policies will provide a maximum of $10,000 in PIP coverage for medical treatment. However, the full $10,000 is only available if you suffered what the law considers an “emergency medical condition.” If you did not suffer an emergency medical condition, your PIP benefits are capped at just $2,500.
Can I Sue the Negligent Driver If PIP Benefits Aren’t Enough?
The basis of no-fault insurance is that you receive PIP benefits regardless of who was responsible for the underlying car accident. For this reason, most accident victims cannot “step outside” of the no-fault system and file a personal injury lawsuit against a third party. There is an exception, however, for accident victims who are killed or sustain a “serious injury” as the result of a negligent driver’s actions. A serious injury typically means an injury that is permanent, disfiguring, or results in the loss of an important bodily function. In these situations, the victims (or their estate in cases of death) can sue the at-fault driver and pursue the full amount of their losses through a personal injury claim.
It is also worth noting that Florida’s no-fault rules only cover personal injury claims. They do not cover property damage. This means that you can always sue an at-fault driver for causing damage to your vehicle or other personal property.
Contact a Pasco County Car Accident Lawyer
Navigating Florida’s complex car accident laws can be tricky, especially if this is your first time suffering a serious injury in a crash. Pasco County car accident attorney Wendy Doyle-Palumbo, Esq., is here to help. If you live in Hudson, New Port Richie, or Pasco County, contact her office today to schedule a consultation.